Managing the discovery of unidentified human remains

There are cases where unidentified human remains have been discovered within public cemeteries in areas not used for interments and on land other than public cemetery land (for example, private land).

The discovery of human remains must be managed in an appropriate manner consistent with the requirements of relevant legislation including the Cemeteries and Crematoria Act 2003, Coroners Act 2008, Aboriginal Heritage Act 2006 and Heritage Act 2017.

Offence to remove human remains from a place of interment without an exhumation licence

Under the Cemeteries and Crematoria Act it is an offence to exhume or remove human remains from a place of interment without an exhumation licence.

The Cemeteries and Crematoria Act defines a place of interment to include a grave, vault, mausoleum, niche wall or any other structure or plot used for the interment of human remains. The definition of place of internment applies to any plot of ground where human remains are interred.

The requirements of the Cemeteries and Crematoria Act apply to all interred human remains, regardless of whether they are located within a public cemetery or on land not for cemetery purposes.

The penalty for exhuming or removing human remains from a place of interment without an exhumation licence is 600 penalty units or five years’ imprisonment, or both.

Exhumation licences are granted under the Cemeteries and Crematoria Act by the department Secretary. The Victorian Coroner also has the power to authorise exhumations under the Coroners Act and does not require an exhumation licence under the Cemeteries and Crematoria Act to do so.

Key actions following discovery of unidentified remains

The following key actions should be taken when unidentified remains are discovered.

1. Cease works and secure the remains

All works that could further disturb the remains should cease immediately and the location of the remains must be covered and made secure. If remains have been unintentionally removed from the place of interment, any excavated soil believed to contain human remains should also be set aside in a secure location.

2. Notify Victoria Police

The discovery of unidentified human remains must be reported to Victoria Police as soon as possible using the relevant local police contact number (do not use ‘000’).

Victoria Police will notify the Victorian Coroner who will assign a forensic anthropologist to assess the remains. The remains may be of relevance to:

• Victoria Police or the Victorian Coroner regarding a reportable death
• the Victorian Aboriginal Heritage Council if the remains are believed to be Aboriginal
• Heritage Victoria if the remains are considered to be more than 75 years old.

The Victorian Coroner’s office will notify the Victorian Aboriginal Heritage Council if the remains are believed to be Aboriginal.

If the remains are not considered to be Aboriginal or related to a reportable death, then subject to advice from the Coroner about the likely age of the remains, Heritage Victoria should also be notified about the discovery to determine if there are considerations to be addressed under the Heritage Act.

Victoria Police or the Victorian Coroner may determine to remove the remains from the place of interment as part of their assessment process. In these cases, the exhumation is authorised by the Victorian Coroner and an exhumation licence is not required.

3. Future management of the remains

If the remains are not required by the Victorian Coroner, Victoria Police, the Aboriginal Heritage Council or Heritage Victoria, options for future management of the remains will need to be considered.

Available options will depend upon whether the remains have been left undisturbed in-situ or have been fully or partially removed from the place of interment.

Options for managing undisturbed remains left in-situ

The preferred approach is that human remains are left undisturbed in-situ at the original place of interment. This is consistent with the objectives of the Cemeteries and Crematoria Act.

If the remains were uncovered but have not been disturbed, the place of interment should be backfilled and the location of the remains noted to avoid future disturbance where possible:

• For remains located on land other than public cemetery land, it is recommended that the land-owner liaise with the Registrar of Titles to have the location of the interment noted on the title to the property.
• For remains located on public cemetery land, relevant details about the remains should be recorded in the cemetery trust records including the date they were found, a description of the remains and the coordinates or other details to identify the location of the remains.

If the location of the remains is impacting construction or development works, alternative design options that will avoid the need to remove and relocate the remains should be considered. If there are no viable alternatives and the remains need to be relocated, an application for an exhumation licence can be made to the department.

Applications to exhume unidentified remains are rare and more complex than standard exhumation licence applications and consideration by the department can be a lengthy process. All applications to exhume human remains are considered within the broader context of the Cemeteries and Crematoria Act.

If an exhumation is considered necessary, please contact the department by email cemeteries@health.vic.gov.au . More information is available at Exhumations.

Options for managing remains fully or partially removed from the place of interment

In some circumstances the human remains will have been fully or partially removed from the place of interment:

• unintentionally during construction or development works or by other means; or
• under the authority of the Coroners Act; or
• in accordance with an exhumation licence granted under the Cemeteries and Crematoria Act.

Options for future management of these remains will differ depending on whether the remains were discovered on public cemetery land or land other than public cemetery land as outlined below.

Public cemetery land

There are two options for the management of unidentified remains discovered on public cemetery land that have been removed from the place of interment:

1. With the approval of the relevant cemetery trust, the remains can be re-interred in the same location or an alternative location within the public cemetery. Note: In these circumstances the cemetery trust must advise the department Secretary in writing of the interment.
2. With the approval of the department Secretary, cremated and scattered within the cemetery grounds. Information about the approval process is at Cremation authorisations. Note: Cremation costs are borne by the cemetery trust.

Land other than public cemetery land

There are three options for the management of unidentified remains discovered on land other than public cemetery land that have been removed from the place of interment:

1. With the approval of the department Secretary, re-interred in the same location, or if that is unsuitable, a different location on the property where they were discovered. Information about the approval process is available at Private cemeteries and burials. Note: If the land is not Crown land, the person or organisation arranging the interment must provide necessary information to the department to enable it to notify the Registrar of Titles of the interment.
2. With the approval of the relevant cemetery trust, interred in a public cemetery. In these circumstances the cemetery trust must advise the department Secretary in writing of the interment. Note: The person or organisation arranging the interment will be responsible for all costs associated with the interment.
3. With the approval of the department Secretary, cremated and scattered. Information about the approval process is at Cremation authorisations. Note: The person or organisation arranging the cremation will be responsible for all costs associated with the cremation.